Category: Law Updates

Private prisons come back into the debate whenever a prison system is under pressure. In Argentina's 2023 presidential campaign, for example, one candidate proposed handing prisons over to private companies to make them cheaper and more efficient. But do private prisons actually work better for the people inside?

What is a private prison?

A private prison is one where the state hands over all or part of the running of the prison to a private company. The company invests in building or running the facility and is paid by the state, often per available place, whether the places are filled or not. Most of these companies operate for profit.

Two models

1. Fully private. The company builds the prison and runs everything: daily operation, treatment programmes, security and transport of inmates. Contracts usually last 20 years or more. When the contract ends, the building passes to the state, which can extend the contract if it has worked well.

2. Mixed model. This is more common. The state keeps control of security, discipline and treatment, and the company only handles logistics such as food, cleaning, maintenance and supplies. The reason is a basic principle in a democracy: the use of force over people deprived of their liberty belongs to the state and should not be handed to a private company.

Does it work?

The results vary a lot from country to country:

• Arguments for: private operators claim they can run prisons more efficiently, at lower cost and in more humane conditions.
• Arguments against: some studies found that overcrowding was not solved, health care got worse, and in some cases criminal groups ended up controlling parts of the prison themselves.
• Positive examples: where good rehabilitation programmes were combined with follow-up after release, some private models have reduced reoffending significantly.

In short, who runs the prison matters less than how it is run, how it is supervised, and whether inmates get real treatment and support.

And in Spain?

Spanish prisons are run by the state, through the Ministry of the Interior (and by the regional government in Catalonia and the Basque Country). Some services are contracted out, for example medical services in prisons that cannot fill their doctor positions. Treatment, discipline and security remain public.

What this means for inmates and families

Whatever the system, the inmate's rights are the same: health care, contact with family, access to a lawyer and the right to complain to the Prison Supervision Court. If those rights are not respected, put the complaint in writing and inform the lawyer. GC Libertad can help you with this. Contact us.

Source: Infobae · Photo: Segovia prison, Nacho Valverde / Europa Press

Spain's Supreme Court has ruled for the first time that an inmate who is unfairly dismissed from a job inside prison has the right to financial compensation, just like any other worker whose dismissal is declared irregular.

The case

The case concerned an inmate serving his sentence in Andalusia. In the summer of 2017 he started working as a kitchen assistant in the prison: three and a half hours a day, up to five days a week, earning €11.02 per day worked.

In 2019 he was dismissed by Trabajo Penitenciario, the state body under the Ministry of the Interior that manages prison work. The dismissal was based on a report from two prison officers describing his attitude to the work as negative and his relationship with colleagues as tense.

The inmate appealed:

1. A social court in Seville declared the dismissal irregular and awarded him €6,012.93 in compensation.
2. The High Court of Justice of Andalusia cancelled the compensation.
3. The Supreme Court has now restored the right to compensation.

Why the ruling matters

For more than twenty years, the courts had not made clear which labour rights apply to inmates who work in prison, and whether compensation for unfair dismissal is one of them. The Supreme Court reviewed nine similar cases from the last 23 years, but none of them had settled the question.

With this ruling there is now case law that other inmates can rely on: if a court declares that an inmate was dismissed irregularly from a prison job, they are entitled to compensation.

What this means for inmates and families

Work in prison is not only about income. It gives structure to the day and can count positively in grade reviews. If your loved one loses a prison job:

• Ask for the reasons in writing, including any report the decision is based on.
• Keep a record of how long they worked, their hours and their pay.
• Contact a lawyer quickly. There are short deadlines for challenging a dismissal.

GC Libertad can connect you with a lawyer who knows prison and labour law. Contact us.

Source: elDiario.es

Many people believe that in Spain a prison sentence of two years or less is never served. That is not true. A sentence can be suspended, but it is not an automatic right.

What is a suspended sentence?

When a sentence is suspended, the convicted person does not go to prison, on the condition that they do not commit a new offence during a set period. If they do, the suspension can be revoked and they must serve the sentence.

The rules are in Article 80 of the Spanish Criminal Code (Código Penal).

The usual requirements

As a general rule, a judge can suspend a sentence when:

• The person is a first-time offender, with no previous criminal convictions that count.
• The prison sentence, or the total of the sentences, is no more than two years.
• The civil liability has been paid, meaning any damage caused has been repaired and compensation paid, where this applies.

The judge can also attach conditions, such as staying away from the victim, attending a programme or carrying out community work.

It is the judge's decision

The key point: suspension is discretionary. The judge or court may suspend the sentence, but does not have to. They look at the circumstances of the offence, the person's background, their behaviour after the offence and the risk of reoffending.

This means a judge can refuse suspension and order the person to prison, even for a very short sentence.

When is suspension often refused?

Courts are stricter in some types of cases, for example:

• Domestic and gender violence
• Corruption, bribery and favouritism in public administration
• Tax fraud and non-payment of taxes

In these cases, a request for suspension is frequently rejected even when the formal requirements are met.

What this means for inmates and families

If your family member faces a sentence of two years or less, the outcome is not decided by the length of the sentence alone. A good lawyer can make a big difference by:

• Preparing the request for suspension properly and on time.
• Showing that the damage has been repaired and compensation paid.
• Presenting evidence of a stable life: work, family, home and treatment if relevant.

GC Libertad can connect you with a criminal lawyer who knows how to argue for suspension. Contact us.

This article is general information, not legal advice for a specific case.

Source: GB Abogados